priyashi770
Registered Users (C)
As I mention below that I had Interview yesturday at Local office regarding I-485 interview .
In interview officer asked me general Quetion. Also in put in confusion stating that your I-140 Status was not in active stage or some king of gap between denied and refil from Eb2 to Eb3 categary
I donot know what he was saying.
I explain briefly below
filed I-140 in EB2 categary october,2006
Filed I-485 in July,2007
i-140 RFE in august,2007
Replay I-140 RFE in october,2007( within timeframe)Letter state that your case Resumed for further procedure( continued)
Denied I-140 in December,2007 that not qualified in EB2.
We filed another I-140 EB3 category in January,4th,2008( with in 30 days peiod)
than I got I-140 Aproved in June,2009
I got Interview letter I -485 in dec,2009
these are question he asked me at interview time
Officer Q: when your company filled first petition- I -140
My answer; oct.2006
officer Q: what happend I-140 that you submmite in oct.2006?
My answer: Denied in Dec.2007 in EB2 category. Then we filed I-140 Eb3 category and that was approved in june.2006
officer Q:When was second i-140 sumiited?
my Answer: January,2008
officer's Q.: actually this is where a problem comes up. the I-485 was submitted on september,2007 and it appears that I-485 application was submitte based on the firstI-140 petition which is denied. there was no I-140 petition
pending between october,2007 and january,2008 so there is a break on the i-485. do you understand?
my Answer: I donot know.
Officer Q: Because of the break on the I-485 appication.as discussed with my supervisor. you may either widraw the Existing I-485 application and then we would try to expidite new application or we will be forced to deny I-485 application as there was no employment based petition or other petition pending to base the I-485 application on.
My answer: I know i did filled within the time 30 day to apeal. I wil have to check. i donot have paper here.
Now what is conclusion for above interviewed convertation?
As per my knowledge Ther is no break.
Please as per immigration law can you give your opinion. It is very important.
next day I sumitted letter to simplyfy and clarify about this.
Is it true that if your New I-140 EB3 and Old denied I-140 EB2 had gap two weeks than your I-485 May cancell on base first I-140 filed? and You have to file new I-485 when it is current ?
i am Soo... n2rvous
Please give some hint or help
In interview officer asked me general Quetion. Also in put in confusion stating that your I-140 Status was not in active stage or some king of gap between denied and refil from Eb2 to Eb3 categary
I donot know what he was saying.
I explain briefly below
filed I-140 in EB2 categary october,2006
Filed I-485 in July,2007
i-140 RFE in august,2007
Replay I-140 RFE in october,2007( within timeframe)Letter state that your case Resumed for further procedure( continued)
Denied I-140 in December,2007 that not qualified in EB2.
We filed another I-140 EB3 category in January,4th,2008( with in 30 days peiod)
than I got I-140 Aproved in June,2009
I got Interview letter I -485 in dec,2009
these are question he asked me at interview time
Officer Q: when your company filled first petition- I -140
My answer; oct.2006
officer Q: what happend I-140 that you submmite in oct.2006?
My answer: Denied in Dec.2007 in EB2 category. Then we filed I-140 Eb3 category and that was approved in june.2006
officer Q:When was second i-140 sumiited?
my Answer: January,2008
officer's Q.: actually this is where a problem comes up. the I-485 was submitted on september,2007 and it appears that I-485 application was submitte based on the firstI-140 petition which is denied. there was no I-140 petition
pending between october,2007 and january,2008 so there is a break on the i-485. do you understand?
my Answer: I donot know.
Officer Q: Because of the break on the I-485 appication.as discussed with my supervisor. you may either widraw the Existing I-485 application and then we would try to expidite new application or we will be forced to deny I-485 application as there was no employment based petition or other petition pending to base the I-485 application on.
My answer: I know i did filled within the time 30 day to apeal. I wil have to check. i donot have paper here.
Now what is conclusion for above interviewed convertation?
As per my knowledge Ther is no break.
Please as per immigration law can you give your opinion. It is very important.
next day I sumitted letter to simplyfy and clarify about this.
Is it true that if your New I-140 EB3 and Old denied I-140 EB2 had gap two weeks than your I-485 May cancell on base first I-140 filed? and You have to file new I-485 when it is current ?
i am Soo... n2rvous
Please give some hint or help